A marketplace counterfeit is a product sold in a marketplace listing under your registered trademark that was never put on the market by you or with your consent. When you find one, the order of play is well established: capture the listing before it disappears, work out whether the product is fake or genuine but sold outside your authorized channels, review the case with your trademark attorney or lawyer, and file a complaint with the marketplace. In Türkiye the complaint rests on Article 9(3) of Law No. 6563 on e-commerce. If a complaint is not enough, a cease-and-desist letter, a customs application and court action are still open, and those are run by your lawyer.
Step by step: what to do when you find a counterfeit listing
- Record the listing. Save the link, a full-page screenshot, the date and time of the capture, the seller's store name and the price. Once the listing is taken down you may not be able to get them back.
- Identify the seller. Merchants selling on a Turkish marketplace must show their trade name, business name or registered trademark, their KEP (registered e-mail) address and their MERSİS or tax number in the space the marketplace gives them. Record these with the listing.
- Classify the finding. Is the product fake, or genuine but sourced outside your authorized channels? The answer decides which route works.
- Check the scope of your registration. Make sure the classes of goods on the TÜRKPATENT registration certificate cover the product in the listing.
- Make a test purchase if needed. The product itself, its invoice and its packaging are the strongest support for a counterfeit claim.
- Review with your trademark attorney or lawyer. Decide together which route to take and, if litigation is likely, whether a notarial record should be made before the complaint.
- File the complaint. The right holder, or the lawyer or trademark attorney it has authorized, files through a channel the marketplace accepts.
- Follow the outcome. Check whether the listing came down, whether the seller objected and whether the same product returned under another account, and record the result.
Why collect evidence before the listing comes down?
If the complaint succeeds, the listing disappears and the page can no longer be viewed. In a case that may end up in court, that means losing the evidence, so the record is made before the complaint. Article 199 of the Turkish Code of Civil Procedure treats electronic data as documentary evidence, but what a screenshot proves on its own can be challenged. For important cases, a notary can record the page through the e-Tespit system of the Union of Turkish Notaries. Our guide to collecting evidence of brand infringement covers each type of evidence.
Is the product fake, or genuine but unauthorized?
Not every unauthorized sale infringes a trademark. Under Article 152 of the Industrial Property Code (Law No. 6769), acts relating to products put on the market by the right holder or with its consent fall outside the scope of the right. The exception is where the product has been altered or impaired and used commercially.
In practice, when a seller who bought genuine stock outside your channels objects with an invoice, Law No. 6563 has the product republished. Such findings are usually handled through distributor and dealer contracts rather than a trademark complaint. We explain how to tell the two apart in spotting unauthorized sellers on Turkish marketplaces.
Signs of a fake tend to come together: a price well below list, a model or package that is not in your range, copied official product images, a seller opening many new listings in a short time. No single sign settles it; the assessment belongs to the right holder and its attorney.
What rules govern a marketplace complaint?
Under Article 9(3) of Law No. 6563, the marketplace removes the product on a complaint from the right holder that is based on information and documents showing an infringement, and notifies the seller and the right holder. If the seller objects with information and documents showing the opposite, the product is republished.
The complaint and the objection contain the full identity and address details of those concerned, information about the product and the grounds for removal or republication. The law also reserves the right of those concerned to go to the courts and administrative authorities under general provisions.
The detailed procedure was set out in Articles 12 to 14 of the e-commerce intermediary regulation of 29 December 2022: filing through the internal messaging system, a notary or KEP; a registration certificate, grounds, the listing address and a statement of liability; a 48-hour removal period and a 24-hour relisting period; and no repeat complaint on the same claim without new evidence. The execution of these articles was stayed by the 10th Chamber of the Council of State (Danıştay) in May 2023, and as of November 2026 we have found no published information that the stay has been lifted. Platforms may continue to apply similar rules in their own procedures; confirm the current position with your lawyer.
Because a documented objection brings the product back, the first complaint needs to be strong. Channels and form fields for each platform are covered in our Trendyol, Hepsiburada, n11 and Amazon.com.tr guides.
When should a lawyer or trademark attorney get involved?
Before the complaint at the latest. A wrong or overstated claim can lead to a separate dispute with the seller whose listing was wrongly removed. Whether the finding is a counterfeit or an unauthorized sale, and which route to take, should be decided with counsel.
Counsel matters most when the same seller returns after an objection, when sales volumes are high, when the product carries a health or safety risk, or when a cease-and-desist letter, an injunction or a lawsuit is on the table. Registered patent and trademark attorneys can be found through TÜRKPATENT's attorney search.
What if a complaint is not enough?
- Cease-and-desist letter: a letter from your lawyer asking the seller to stop, which also creates a record for later steps.
- Civil action: under Article 149 of Law No. 6769 the right holder can ask the court to establish the infringement, prevent it, stop it and award damages. Article 159 covers interim injunctions, provided the infringement is shown to be taking place.
- Criminal complaint: Article 30 of the same law makes selling goods under an imitated trademark a criminal offence. Prosecution depends on a complaint, and the trademark must be registered in Türkiye.
- Customs application: if counterfeits come from abroad, the right holder can apply electronically through the Ministry of Trade's "Fikri ve Sınai Mülkiyet Hakları Programı". An accepted application gives protection at customs for up to one year from the application date.
Which of these to use, and in what order, depends on the case and is your lawyer's call.
Who does what?
The honest answer to "which companies can help?" is a split of roles, not a list of firms:
| Role | What it does |
|---|---|
| Online brand-monitoring platform | Finds the listing, collects the evidence, reports it and prepares the complaint file |
| Trademark attorney or lawyer | Assesses the finding; runs the complaint, cease-and-desist letter, lawsuit and customs application |
| Marketplace | Reviews the complaint and decides whether to take the listing down |
| Customs | Stops suspect goods at the border once an application is accepted |
Authex sits in the first row, and it is our product. Authex is an online brand-monitoring platform that detects unauthorised use of a brand across marketplaces, social media, ads and domains, collects the evidence and reports it. For each finding it prepares the evidence file and a draft notice; the brand's team or its lawyer decides whether to file it and files it. After your team or counsel acts, Authex keeps checking whether the listing is still live, and the outcome stays in the same record. See marketplace monitoring for the scope.
Frequently asked questions
How quickly does a marketplace remove a counterfeit listing?
Law No. 6563 sets no fixed number of hours; on a complaint based on information and documents, the marketplace removes the product. Articles 12 to 14 of the regulation provided for a 48-hour removal period and a 24-hour relisting period; the execution of these articles was stayed by the 10th Chamber of the Council of State (Danıştay) in May 2023, and as of November 2026 we have found no published information that the stay has been lifted. Platforms may continue to apply these periods in their own procedures; confirm the current position with your lawyer.
Can I file without a registered trademark?
The law gives the complaint to the right holder and requires it to rest on information and documents showing an infringement. The stayed regulation article asked for the registration certificate issued by TÜRKPATENT, and under Article 7 of Law No. 6769 trademark protection is obtained through registration. If your mark is still at the application stage, discuss the options with a trademark attorney.
Should I file myself or through a lawyer?
Either the right holder or the lawyer or trademark attorney it authorizes can file. If a representative files, add the document showing its authority to act.
What if the same seller comes back after the listing is removed?
Show the link to the earlier case in the new complaint: the same images, description, price or seller details. That requires a record of each complaint's date, link and outcome.
What can be done if the counterfeits come from abroad?
Alongside marketplace complaints, the right holder or its representative can apply electronically to the Ministry of Trade for protection at customs.
This article is general information, not legal advice. Laws and platform rules change; for a specific dispute, consult your trademark attorney or lawyer.
Sources
- Law No. 6563 on the Regulation of Electronic Commerce, Article 9 (Turkish)
- Regulation on E-Commerce Intermediary Service Providers and E-Commerce Service Providers, Official Gazette, 29 December 2022, No. 32058, Articles 5 and 12-14 (Turkish)
- Webrazzi, provisions of the e-commerce regulation stayed by the Council of State, 10 May 2023 (news report, in Turkish)
- Industrial Property Code No. 6769, Articles 7, 30, 149, 152 and 159 (Turkish)
- Code of Civil Procedure No. 6100, Article 199 (Turkish)
- Ministry of Trade, intellectual property rights FAQ (Turkish)
- TÜRKPATENT, attorney search (Turkish)
- Union of Turkish Notaries, e-Tespit portal (Turkish)
